Advertising Laws

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It refers to a body of laws associated to the mode and methodology of communicating and conveying details or particulars of any product or service to the public. The effective marketing is the key of every successful business. However, every business has some legal obligations to ensure that any claims or portrayal they construct in their advertisement are truthful or in some other way not violating the law.

What are the applicable laws to the topic of advertising?

Currently in India, there is no central statutory office or uniform enactment managing the advertising business. The Indian advertising market all in all is managed and controlled by a non-statutory body, the Advertising Standards Council of India (ASCI). Without uniform coordinated enactment, it is important for promoters to guarantee that a commercial is in consistence will all nearby and national notice laws.

Role of ASCI:

ASCI is a self-regulatory body constituted in 1985 for the promotion of ‘responsible advertising’. Its objectives include, upholding the honesty of representation & claims made, safeguarding the promotions of substances which are hazardous to society, and so on. The ASCI follows a ‘Code for the self-regulation in advertising’. This code is applicable to commissioning, creation, publishing of advertisements. Despite being non-statutory, the code has been given recognition under certain Indian legislations, with it being colloquially followed by the advertising industry

Laws governing Media in general (ASCI aims at complementing these laws, not being in conflict with them):

Products related to sexuality may be allowed if they are in contravention with any statue in place, for example, Indecent Representation of Women (Prohibition) Act 1986.

Free Speech & Advertisements:

Article 19(1)(A) OF the Constitution provides the freedom of speech however this right is subject to certain restrictions. The ASCI Code makes policies keeping in mind the other statutes and legal principles and provides for certain grounds on which no advertisement can be associated with. Some of those grounds are the potential of inciting a mob towards disorder, denigration of any race/caste/colour etc., presentation of criminality as desirable and so on.

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